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View Full Version : AR 5.56 Pistol - Anyone Have a Problem Ordering NFA Short Barreled Upper?


insin
05-04-2011, 9:37 PM
Hello,
What does the warning "this is an NFA item" mean?

Thank you

Hoop
05-04-2011, 9:42 PM
AFAIK you shouldn't have a problem ordering it.

edit: I'd like to hear details on pistols builds as well as that's something I want to do.

ke6guj
05-04-2011, 9:52 PM
I didn't have a problem ordering a <16" upper for my pistol. Some vendors play CYA and won't ship to you unless you have an NFA tax stamp. others will if you tell them that it is for a pistol. and others don't care and realize that it is on the buyer to make sure he doesn't illegally create an SBR if he doesn't have an SBR tax stamp.

rareair
05-04-2011, 11:09 PM
I think dealers display the "NFA Rules apply" just to cover their @$$ They couldn't care less what you put it on

MrPlink
05-04-2011, 11:15 PM
most Ive ever been told by an out of state vendor (over the phone)

vendor: so you do understand the legality of using these?
me: yeah
vendor: Even in California?
me: yeah....
vendor: ok, just checking!

Rebellious
05-04-2011, 11:26 PM
as long as you already have a registered pistol lower your good to go.

wash
05-04-2011, 11:50 PM
Pistol lowers don't necessarily need to be registered.

If home made from an 80%, pistol lower registration is purely optional.

The other ways to get a pistol lower in CA are to buy it as part of a complete single shot pistol, PPT an AR pistol that is already legally in CA, interfamilial transfer from an out of state mother, father, daughter or son.

For me, 80% is the way to go and I choose no on voluntary registration.

As far as I can tell, registration only helps if you are caught carrying concealed and that's not too likely with an AR pistol...

(edit) to be clear, due to the CA DROS system, it's probably not a good idea to buy a stripped lower as a "rifle" and build it as a pistol. You can thank the roster of "not unsafe" handguns for that one.

MrPlink
05-05-2011, 12:34 AM
as long as you already have a registered pistol lower your good to go.

or dont own a AR15 carbine or rifle already.

MrPlink
05-05-2011, 12:35 AM
(edit) to be clear, due to the CA DROS system, it's probably not a good idea to buy a stripped lower as a "rifle" and build it as a pistol. You can thank the roster of "not unsafe" handguns for that one.

you can replace "probably not a good idea" to

IT IS ILLEGAL

alfred1222
05-05-2011, 12:45 AM
the way i understand it, owning a short barreled upper is not illegal, but rather attaching that to a rifle lower to construct a non tax-stamped SBR is illegal.

ke6guj
05-05-2011, 12:49 AM
you can replace "probably not a good idea" to

IT IS ILLEGAL

"probably not a good idea" is the better term because it MIGHT BE ILLEGAL to assemble a pistol from a "long gun" DROSed receiver.

ke6guj
05-05-2011, 12:51 AM
the way i understand it, owning a short barreled upper is not illegal, but rather attaching that to a rifle lower to construct a non tax-stamped SBR is illegal.

if you have a <16" upper and a rifle lower, and do not have a pistol or SBR lower, you have constructive possession of an SBR, even if you do not assemble it.

12020(c)(2) As used in this section, a "short-barreled rifle" means any of the following:
A) A rifle having a barrel or barrels of less than 16 inches in length.
(B) A rifle with an overall length of less than 26 inches.
(C) Any weapon made from a rifle (whether by alteration, modification, or otherwise) if that weapon, as modified, has an overall length of less than 26 inches or a barrel or barrels of less than 16 inches in length.
(D) Any device which may be readily restored to fire a fixed cartridge which, when so restored, is a device defined in subparagraphs (A) to (C), inclusive.
(E) Any part, or combination of parts, designed and intended to convert a device into a device defined in subparagraphs (A) to (C), inclusive, or any combination of parts from which a device defined in subparagraphs (A) to (C), inclusive, may be readily assembled if those parts are in the possession or under the control of the same person.

MrPlink
05-05-2011, 12:51 AM
"probably not a good idea" is the better term because it MIGHT BE ILLEGAL to assemble a pistol from a "long gun" DROSed receiver.

then I detract my previous statement, I coulda sworn this one was considered cut and dry.

I musta read it backwards.

With that said, do we have any volunteers to be a test case? :D

ke6guj
05-05-2011, 12:59 AM
then I detract my previous statement, I coulda sworn this one was considered cut and dry.

I musta read it backwards.

With that said, do we have any volunteers to be a test case? :Dmany of us have argued taht "long gun" does not neccessarily equal rifle. The DROS does not say RIFLE. If the receiver was never assembled as a rifle, federal law would allow for you to assemble that lower as a pistol. However, we do not know how CADOJ and the local DA would deal with it. Because of that, it is not recommended that we attempt it at this time. But that doesn't mean that it is confirmed to be illegal. And no, I am not voluntaring to be the test case :D